Action brought on 28 April 2008 - Paroc v OHIM - (INSULATE FOR LIFE)

(Case T-157/08)

Language in which the application was lodged: English

Parties

Applicant: Paroc Oy/AB (Vantaa, Finland) (represented by: J. Palm, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 February 2008 in case R 0054/2008-2; and

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark "INSULATE FOR LIFE" for goods and services in classes 6, 17, 19 and 37 - application No 593 2827

Decision of the examiner: Refusal of the application for all goods and services

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of article 7(1)(b) of Council Regulation No 40/94 as the mark acquired the minimum degree of distinctiveness required to be registered.

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